Royden is an active Crime Scene, created by the Cabal

Dear neighbors, if you
have been paying attention, to my Newsletters and emails, you cannot come to any other conclusion but
that: ROYDEN’S IS AN ACTIVE CRIME
SCENE, CREATED BY THE CABAL.

Here is a long but comprehensive summary of the Issues facing Royden Homeowners
:

The CRIME:
The Royden HOA (RHA), with the aid of Horack Talley (HT), their attorney, has violated NC Laws and the Royden By-Laws
and Covenants, and not used Article IV-Covenant for Maintenance Assessments, in
the fixing of the annual assessments, since 2004. THAT’S THE CRIME! …THAT MAKES
ROYDEN A CRIME SCENE…..FULLSTOP. The covenant revision is yet another crime
attempt.

ACTIVE CRIME SCENE: Rich Rinaldi has been taking the RHA BOD to court
since 2004 and has a current and on-going dispute with the RHA
BOD and Horack Talley (HT)……Please see the intimidating letter (Attachment 1)
from Horack Talley’s litigator, Keith
Nichols as recent as 2/7/19. A dispute hidden from the membership with no
member awareness..

THE CABAL:
The RHA BOD and HT, (the CABAL) claim
that they won the previous 2 Rinaldi
lawsuits….That claim is false!….They simply used a pre-trial legal
maneuver, common against pro’ se (no lawyer, just me) plaintiffs, (See
attachment 2) called the Federal Rule of
Civil Procedure (FRCP) 12(b)(6), (“failure to state a claim for which relief
can be granted”). The RHA has simply
labeled me “the vexatious litigant”. A title I proudly hold. Over an estimated
$30,000.00 in D&O Liability Lawyer fees were expended in fighting my claim”FAILURE
TO FIX ANNUAL ASSESSMENTS USING COVENAT ARTICLE IV-COVENANT FOR MAINTENANCE
ASSESSMENTS!

NO MEMBER MEETING on PENDING LITIGATION OR SANCTION. Another
CRIME!-After I filed a better constructed complaint (it was not), at
the second trial, the RHA and HT filed a
sanctions action (a violation of the by-laws, Article VI, Powers and Duties of
the Board of Directors….Section 1, Powers(c) …(See Attachment 3) ….” Prior to initiating legal action against
a member, the Board must hold a meeting to discuss the pending litigation”.
The RHA Secretary never called for the meeting nor did he issue any minutes on
the matter.

THE TROJAN HORSE- To create a situation that stops the RHA BOD from
continuing THE CRIME, ie violating Article IV, the CABAL have to implement a new regime of covenants. If the CABAL simply consolidate and remain
with the current Article IV covenants, they would be admitting that they have
been violating them…for years! And Rinaldi was right! An admission they refuse
to make, as can be seen by the illegal amendments they have put forward, never
referencing the controlling Article IV covenant. As stated in previous email,
the Ballot voting with Phase II and
IV, required to sign the new covenant, is proof positive that Article IV has
been the Creation of Lien Covenant for ALL of Royden for years. Just like the Greeks, the CABAL is expecting
the LAMMTS group, to blindly comply, as they have in the past, and the POWER
grab will be complete…Homeowners now have ALL the Power….the CABAL will then
have ALL the Power……..”not if I can help
it”

LEMMINGS AND THE MMTS (MORE MONEY THAN SENSE GROUP)…Let’s call them the LAMMTS group. These members of
the CABAL are the most powerful members.….Their apathy, indifference and blind
following of their “volunteer neighbors” allow situations such as the divisive
and disastrous Royden Easement Color Change lawsuit costing Royden Homeowners
over $300,000.00 in unapproved legal fees. The
easement lawsuit was foisted on the Royden community between 2004-2008,
by a current member of the RHA. He is still serving on the current board after
nearly 13 years, falsified financial reports and never reported the monthly legal
fees, incurred, during the 4 year legal battle…..The LAMMTS group paid the
$1,400.00 special assessment and turned a blind eye to the fact that the RHA
had LOST the easement lawsuit, had caused the easement neighbor to incur over
$90,000.00 in legal fees to protect their property rights ….AND…..The RHA lost
all ability to make any changes to the easement property…..(Note the ORB less
Pillar)…AND HE STILL IS ON THE CURRENT BOARD…After using an illegal, deceptive
Board vote to defeat the Founding President….using proxies!!!!!….THE IRONY…HE’S
IN CHARGE OF COMMON AREA MAINTENANCE…..I believe forgiveness is a virtue…..but
really….13 years of “disservice”.

.The LAMMTS group has been getting the
COUNTERPOINTnewsletters for at least 6 years…….Violation after
Violation has been chronicled in my newsletters….What do we get from the LAMMTS
group…….CRICKETS!!!!!….What outrage with the sanctions action and my having
to pay their legal bills of $6,330.00…CRICKETS.
.Which brings us to today…This
Planned Community B___S__T was defeated 6 years ago!!!!! Why is it up
for a vote again???…..Why not admit their mistake and start using Article
IV??????? NO……Rinaldi has a lawsuit pending!!! He may win and constructive fraud will be confirmed!!!!…..but
wait….”NO ONE LISTENS TO HIM” (as one board member told the court)…The CABAL is so emboldened and confident
that the LAMMTS group will just blindly submit their proxies, and Article IV
will be gone, and they can now get the PLANNED COMMUNITY Powers they crave!….Sorry
folks if the truth hurts! The LAMMTS group is a reality, in Royden and
throughout the nation. Homeowners have no rights in NC courts….The CAI,
Community Association Institute controls all HOA’s..Just try getting a lawyer…you
can’t, there are none…The CAI is that powerful….(SC recently changed their HOA
Laws.. Move there if the PLANNED COMMUNITY Covenants are adopted, AS ONE MEMBER
SUGGESTED!!!!

CLOSED SOCIETY– To this date, the RHA won’t let me have access to the Books and
Records to review what was discussed at Board meetings, concerning my lawsuit.
The $6,330 Sanctions penalty, I was forced to pay, violated the by-laws and is
an open subject of dispute. The membership was never informed of my legal
action at the required member meeting, much less, approved the sanction
penalty!!!! To this date, members are not aware of the current pending lawsuit
or the significant facts attendant to the prior lawsuits

CONSTRUCTIVE FRAUD–BREACH OF
FIDUCIARY DUTY-A CRIME-(See Attachment 4)-The RHA and HT have a “relationship of trust”, with the
homeowner, which entails certain duties that
homeowners are reliant upon them, to execute in an effective manner.
Namely, the compliance that all RHA BOD actions, meet the RHA By-Laws and Covenants…particularly
in the fixing of Annual Assessment (Article IV)..The RHA, in concert with HT
lawyers, have not performed their duties, required and expected by their relationship of trust with the Royden
homeowners, ie another CRIME: CONSTRUCTIVE
FRAUD-BREACH OF FIDUCIARY DUTY.

DIRECTOR ELECTIONS/FINANCIALS RIGGED-For years, the RHA was a closed society……Board nominees were either
returning Board members or hand picked
nominees with selections that had the number of nominees equal to the number of
open board seats….can you say RIGGED!!!…Board meetings were never announced
to the members beforehand, minutes never were published on the website,
colorful, complicated financial statements had meaningless comparisons, faulty
accounting and never conformed to prior years that had bank statement reconciliation
and balancing.

MISUSE OF PROXY VOTING…I have a strong belief that certain Board members have
accumulated friends that are so supportive, that they have predetermined to
provide any board member with their Proxy…Remember what a proxy is designed
for…..If a member cannot attend an Annual or General Meeting, AND…it is
anticipated that a motion for a vote on a matter will be put forward, a quorum
is required. The proxy then determines if there is a quorum…The Board always
seems to have a quorum even when there are less than 10 members present, A
proper proxy is employed If a motion for a vote is presented to the floor, the
proxy allows the holder to vote for the member, on the floor motion (Roberts
Rules of Order). So, a proxy is used to establish a quorum and to vote on new
motions. Prior motions, such as fixing of the Annual Assessment, are voted on
by USPS with an established vote closing date With the Board friends pre-wired
with proxies, the RHA can establish a quorum and approve motions made at the
meeting.

ARRINGTON BOTCHED VOTING PLAN-Let’s look at the deceitful Arrington voting plan for the disastrous
Revised By-Laws and NC GS 47F-Planned Community Covenants. There is, correctly
applied, Phase voting with Phase III and IV required to sign the actual Revised
Documents….Finally an admission of guilt of the critical ACTIVE CRIME- that
Article IV is the controlling Creation of Lien Covenant since 2004…..However, no voting closing date is
announced for mail in voting……Instead he has implied some yet to be
announced “Annual Meeting” date will “require” non attending members to use a
proxy!!!! An???? Mail in the signed III and IV new covenants???? What a mess…..

An Annual meeting has certain requirements per the By-Laws….Voting for Revised Documents is not done at an
Annual meeting but at a General Meeting. The Arrington instruction is a total
mis-application of the proxy system…….There is no uncertainty of the topic of
the vote, as when a motion may be submitted at an Annual or General Meeting.
The deceit is surreptitious…….By not announcing a voting closing date, for mail
in votes, a member can only vote by
attending a meeting or……. the only other alternative is to give a proxy. Annual
Meeting attendance has seen very few actual member attendance. The CABAL and RHA
Board is hoping that the proxy is tendered to them……THE CABAL IS WORKING CREATIVELY, USING PROXY ONLY VOTING, TO
CIRCUMVENT ARTICLE IV BY KILLING IT AND PUTTING IN PLACE THE LEGAL FEE
GENERATING PLANNED COMMUNITY REGIMEN!!

Hopefully, what can be a
very confusing and complicated subject matter, can come in closer focus with
this simple summary. Again, here is what you may consider doing…….

Stop the Revision
Initiative altogether:

by demanding
Article IV be used in a redo of the 2018-2019 Annual …

.which stops any unapproved special assessment legal
fees and

gets you your
Annual Assessment Credit.

Demand the 2019-2020 Annual Assessment be based on
Article IV, using the 2018-2019 credit to offset any shortfall to the $210.00
Maximum annual assessment

And present a consolidated Covenant proposal via a
simple phase vote

And demand the June 2019 annual meeting be scheduled

With a slate of 4 new board nomineesAnd a financial
audit

OR…Demand a
properly noticed General Meeting to discuss three basic issues:

WHAT’S WRONG WITH THE EXISTING COVENANTS,

WHY HAVE THEY
NOT BEEN CONSOLIDATED AND

WHY SHOULD WE CONSIDER AN ENTIRELY NEW COMMUNITY
STRUCTURE AFTER 30 YEARS!

HOWEVER, UNDER NO
CIRCUMSTANCES SHOULD YOU VOTE IN FAVOR OF THE REVISIONS….OR….TENDER YOUR PROXY
TO A BOARD MEMBER!!!!! ONLY USE A VOTING REGIMEN THAT HAS A DEFINED CLOSING
DATE WITH A USPS BALLOT!!!!

The Vexatious litigant,
proudly, Rich Rinaldi

NOTE: The RHA has been
copied on ALL of my Emails!!!! And they have yet to answer any of my
accusations…I assume you can consider them FACTS!!! Since no rebuttal has been
made.

PUBLISHED BY:

ORA was founded in 1991 by Richard A. Rinaldi and is an acronym for Operations Research Associates with a logo depicting an abstract time concept relating to business cycles and time management. The practice focus areas are executive mentoring, in-house training and business strategy formulation with cash optimization the driving objective.